Hong Kong Regulations

ROAD TRAFFIC (CONSTRUCTION AND MAINTENANCE OF VEHICLES) REGULATIONS - REGULATION 31A

Exhaust emission

(1) Without limiting regulation 31, this regulation applies to every motor
vehicle (other than a motor cycle or a motor tricycle) that is-

   (a)  manufactured on or after 1 January 1975 and is equipped with a
        positive-ignition engine and uses unleaded petrol as fuel; or

   (b)  equipped with a positive-ignition engine and uses liquefied 
        petroleum gas as fuel.

(2) A motor vehicle to which this regulation applies shall be so constructed
and maintained that its exhaust emission is not excessive.

(3) For the purposes of paragraph (2), exhaust emission is excessive, in the
case of a motor vehicle that is equipped with a positive-ignition engine and
uses unleaded petrol as fuel, if the exhaust  emission, measured in accordance
with the procedure specified in column 2 of Part II of the Fourth Schedule and
which is applicable to that motor vehicle having regard to its date of
manufacture, does not comply with the standard applicable to that motor
vehicle specified in column 3 of that Part.

(4) For the purposes of paragraph (2), exhaust emission is excessive, in the
case of a motor vehicle that is equipped with a positive-ignition engine and
uses liquefied petroleum gas as fuel, if the exhaust emission, measured in
accordance with the procedure specified in column 1 of Part III of the Fourth
Schedule, does not comply with the standard specified in column 2 of that
Part.

(5) For the purposes of paragraphs (3) and (4), exhaust emission shall be
measured by means of any one of the apparatuses specified by the Commissioner
from time to time by notice published in the Gazette.

(6) For the avoidance of doubt, a notice under paragraph (5) is not subsidiary
legislation.

(7) It shall be a defence in any proceedings in respect of a contravention of
this regulation to prove that the excessive exhaust  emission was due to some
temporary or accidental cause which could not be prevented by the exercise of
reasonable care. (L.N. 160 of 2000)